Bankruptcy Process Workflow

Bankruptcy Process Workflow

BEFORE WORKBOOK SUBMISSION

Potential Client(s) (PC) contacts office

Office staff sets up consult (45-minute blocks), or client sets up appointment on their own through the Book With Damon link

  • Appointment time slots are: 9:00, 9:45, 10:30, 12:45, 1:30, 2:15, 3:00, 3:45
  • Search the calendar to see if they have previously had appointments. If so, there may be a second consult fee, or, if they have multiple missed appointments, notate that in the consult for Damon so he can charge them more money. 
  • Put the word “consult” or “consultation” in the appointment. This ensures that Apptoto sends them the appropriate reminder.
  • Please include a brief description of the PC’s situation along with their name, email address, and telephone number
  • Put the date and time the appointment was set up and the initials of the person who set up the appointment.
  • We should never delete an appointment from the calendar. Instead, move it to early morning and put [SKIP] if they need to cancel or reschedule. This allows us to track people setting up multiple appointments or having multiple cancellations at the last minute. 

Apptoto will automatically send PC reminder(s) of their appointment, including an intake sheet link

  • In order for Apptoto to automatically work, you have to have the word “consult” or “consultations” for consultations and “signing” for signing appointments. 

Staff verifies that the intake form has been filled out for all appointments for the next day by 12 noon the day before

DTD pulls the intake sheet and meets with PC

DTD saves PC intake sheet in Dropbox (DB) under “01 Intake Sheet with Contract” or “02 Intake Sheet without Contract”

If the client retains, then DTD sends them a contract through DocuSign

Staff pulls all signed contracts each day and adds them to the “Post Contract / Pre Work” Campaign in Aweber.

The client is automatically sent the eworkbook through Aweber, and their signed contract includes the eworkbook link, as well.

  • The client will get periodic emails from Aweber checking on their status and reminding them to fill everything out. These are automated.

AFTER WORKBOOK SUBMISSION

Client submits an eworkbook through Formstack; they are then sent to this page, which has instructions for them to complete the credit counseling course.

Formstack workbooks are pulled each day.

When the eworkbook is submitted and pulled from Formstack, create the Clients folder in Dropbox (The folder should be in the following format: “Last, First” or “Last, FirstD1 & FirstD2” in a joint case.

Then copy the folders from the “00 Template” folder and then add those subfolders into the newly created client(s) folder.

Add the client(s) to the Current Client list here. Fill out all of the appropriate columns.

  • Always be very careful with this list. If you ever mess something up and can’t immediately figure out how to fix it, let someone know immediately, and we can likely fix it if we know soon enough. 
  • If a client is not added to this list, we will not know they exist. 

Remove them for the Aweber “Post Contract / Pre Work” campaign

Staff will meet once a week to assign newly added cases.

Make sure the necessary amount has been paid with the submission of the workbook.

  • Be sure to check contracts on this because DTD may charge more up front for some cases.
  • Fees can be paid in certified check, money order, debit card through LawPay, or a third party (not the client) credit card through LawPay. 
  • We never accept cash or personal checks. 

Send the FileInvite link to the Client so they can upload the necessary documents.

Go to DocuSign and download and save the contract into the “Contract” folder for that client.

  • To get to the contract you should DocuSign > Manage > search by Debtor(s) name or email address. You may have to select “Completed” on the far left column. Select “Download” and then select “Combine all PDFs into one file.” Save it to the “01 Intake Sheet & Contract” folder in their file.

Go to Abacus to pull the CCC for client(s) and save it to the appropriate client folder

  • Individuals should be CCC, and married couples should be CCC1 and CCC2.

Create the client(s) and complete the full file in Jubilee for the client(s)

  • We will eventually make step-by-step videos on how to use Jubilee.

Each week, an update should be sent to each and every client being worked on with an update of their case.

  • There should be six different template emails that can be used that you can then personalize for each client’s specific situation.

When the file has been completed, make sure we have all necessary documents (DL & SS, taxes, paystubs, bank statements, etc.) scanned and uploaded into the appropriate folders in the clients DB folder.

  • This should be done prior to adding it to DTD’s review list so he has access to documents if he has questions.
  • This will also make it easier to send the Trustee all documents immediately after filing. 

Add it to DTD’s review list here.  It should go under the red “Ready for DTD Review” section 

DTD will save audio notes from the file review in the client’s Dropbox folder under “18 Audio Notes.” DTD will also move the entry in the spreadsheet from “Ready for DTD Review” to “DTD Reviewed.” 

  • That’s an easy way to know whether a file has been reviewed. 
  • If there is ever the need for an emergency or expedited review, then you should reach out directly to DTD.
  • Also, if a case has not been reviewed in a week’s (or so) time, feel free to follow up with DTD.

Make any changes suggested by Damon or follow up on any questions Damon had about the case.

Send a copy of the full petition to the Debtor for them to review and ask them to email you back, letting you know of any changes that need to be made and that they believe it looks good.

  • This confirmation email from the client is important. It acts as a CYA for the case worker as well as DTD. That way, if they come back later and say something was wrong with their case, we have this confirmation email as well as their signatures at the signing appointment. This protects all of us. Make sure you do it. 

Make any changes suggested by the client, as appropriate. 

Once approved by the client, set them up for a signing appointment. Send them the signing appointment email.

DTD reviews the full petition at the signing appointment with Client(s).

DTD sends petition to client to sign via DocuSign

Client signs petition

  • The client will automatically get a copy of the petition they signed from DocuSign. 

DTD files the case in Jubilee.

AFTER THE PETITION IS FILED, PRIOR TO 341 MEETING

DTD will move a case off of the “WBs Being Worked On” in the “Current Client List” and move it to the appropriate “Ch 7 Post-Filing” or “Ch 13 Post-Filing” tab.

Mail out or file all necessary documents after filing (CoS, notices, etc.)

  • List out each of the different mailings here:
    • Chapter 7:
      • ?
      • ?
    • Chapter 13:
      • ?
      • ?

Client(s) should be added to the post-filing appropriate Aweber campaign depending on whether they are filing a Chapter 7 or Chapter 13.

  • This is critical. This reminds them of the 341, tells them what to do, etc.

Request any interpreters, if needed.

Send out all appropriate documents to the Trustee. This should be done within one week after the case is filed. 

  • Different Trustees have different ways they want files. Be sure to send the appropriate way based on the Trustee. 
  • Provide each Trustee’s name and link to their preferred method here

Be sure the client(s) have completed the financial management course.

  • Instructions are in the Aweber campaign they were added to.
  • If not completed, we should call and tell them to complete it prior to the creditors’ meeting.

Prepare the 341 Sheet to provide DTD with all necessary info prior to the client(s) 341.

  • See the different tabs at the bottom for each division, put in the appropriate tab
  • It’s important that all of this information is filled out at least two days prior to the 341 meeting.

Be sure to send any reaffirmation or lease assumption documents with instructions to the client.

DTD attends 341

AFTER CHAPTER 13 CREDITORS’ MEETING

Make any necessary changes or amendments from the 341 meeting

Make sure necessary proof of claims are filed (secured debts, unsecured priority debts, and student loans – when appropriate)

Change of address for Debtor(s) or creditor

Common Post 341 Motions in Chapter 13s:

Motion to Extend the Automatic Stay

Motion for Expedited Hearing

Motion to Modify Plan

Motion to Incur Debt

Motion to Withdraw Funds from Retirement

Motion to Substitute Collateral

Motion to Avoid a Judicial Lien

Motion to Value Realty

Motion to Deem Mortgage Current

Motion for Entry of Discharge